News Item Titled "Untreated Effluents Cause Widespread Fish Mortality at Velsao Bay Rivulet" Appearing in O Herald Dated 26.05.2024 vs

NGT5 Jul 2024Original Application No. 730/2024

Case brief

AI extract

What is this about?

The Tribunal registered an Original Application suo-motu based on a news report about untreated industrial effluents causing fish mortality in Goa. It summoned respondents and transferred the matter to the Western Zonal Bench for further action.

What did the court decide?

OA transferred to Western Zonal Bench, Pune, for further action with notice issued to respondents.

News Item Titled "Untreated Effluents Cause Widespread… — Environment and Pollution | NGT (2024)

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Item No. 03

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 730/2024

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News item titled "Untreated effluents cause widespread fish mortality at Velsao bay rivulet" appearing in O Herald dated 26.05.2024

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Date of hearing: 05.07.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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ORDER

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This Original Application is registered suo-motu on the basis of the news item titled “Untreated effluents cause widespread fish mortality at Velsao bay, rivulet” appearing in O Herald dated 26.05.2024.

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The matter relates to widespread fish mortality at Velsao Bay and the brackish rivulet in Goa, with the fishing community claiming the reason for discharge of untreated effluents into the Arabian Sea. As per the article, the alleged cause of the fish mortality is the discharge of untreated industrial effluents from Paradeep Phosphates Ltd. into the Arabian Sea and a nearby rivulet resulting in widespread fish mortality.

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The news item highlights that the impact of this ecological disaster extends beyond just economic loss. Fresh fish, a local delicacy and a vital source of sustenance, is now in short supply, affecting not only the livelihoods of the fishing community, but also the large village population, who rely on fishing. The article further alleges that every year effluents are released into the water. The waste is accumulated near the factory wall inside the plant. When it rains, the effluent drains through the pipes into the rivulet and the sea. Pipes have been laid for the effluents to seep

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into the sea, which has been taking place for many years and this has resulted in fish mortality.

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As per the news item, fishermen have suffered losses in crores of rupees. The Poiem (rivulet), which was brimming with fish, now has dead fish. There are neither fish nor crabs in this river. It has led to the contamination of the river, turning it into a dead water body devoid of any living organisms like fish and crabs. There is also a potential health risk for migrants who may consume the dead fish, unaware of the implications of the pollution.

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The above news item indicates violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Environment Protection Act, 1986, and the Solid Waste Management Rules, 2016

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The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Hence, we implead the following as respondents in this matter:

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i. Goa State Pollution Control Board, Through its Member Secretary

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Near Pilerne Industrial Estate, Opposite Saligao Seminary, Saligao – Bardez, Goa – 403511

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ii. Central Pollution Control Board, Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi-110032

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iii. Ministry of Environment, Forest and Climate Change, Regional Office

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Kendriya Sadan, 4th Floor, F Wings, 17th Main Road, Koramangala II Block, Bangalore – 560034

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iv. District Magistrate, South Goa Collectorate of South Goa District, Matanhy Saldanha Administrative Complex, Near KTC Bus Stand, Margao, South Goa District, Goa – 403601

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Let notice be issued to the above Respondents for filing their

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response before the Western Zonal Bench of the Tribunal.

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Since the matter relates to the Western Zonal Bench, Pune, therefore, OA is transferred to the Western Zonal Bench for appropriate further action. Let the original record of this OA be transferred to the Western Zonal Bench, Pune.

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List before Western Zonal Bench at Pune on 05.09.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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July 05, 2024 O.A. No. 730/2024 HB

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News Item Titled "Untreated Effluents Cause Widespread Fish Mortality at Velsao Bay Rivulet" Appearing in O Herald Dated 26.05.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Untreated Effluents Cause Widespread Fish Mortality at Velsao Bay Rivulet" Appearing in O Herald Dated 26.05.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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